Filing for divorce in Pennsylvania can feel overwhelming when you're facing complex legal requirements while managing the emotional weight of ending your marriage. Understanding Pennsylvania's specific residency rules, required court forms, and filing procedures is essential—missing a critical step or filing in the wrong county can delay your case by months and cost you hundreds in additional fees. This divorce filing checklist ensures you have everything you need.
This Pennsylvania divorce filing checklist walks you through every requirement for starting your divorce in 2025, from the six-month residency rule to mandatory forms to filing fees. By the end, you'll have a clear roadmap for initiating your divorce in the Court of Common Pleas and protecting your rights from day one.
Pennsylvania Residency Requirements for Divorce
Before filing for divorce in Pennsylvania, you must meet specific residency requirements designed to establish the court's jurisdiction over your case.
State Residency: At least one spouse must have lived in Pennsylvania continuously for 6 months (180 days) immediately before filing the divorce petition, according to 23 Pa.C.S. § 3104(b).
There's no county-specific residency requirement—once you meet the six-month state residency threshold, you can file in any Pennsylvania county permitted by the venue rules.
Required Forms for Pennsylvania Divorce Filing
Pennsylvania divorce cases require specific standardized forms governed by the Pennsylvania Rules of Civil Procedure. The Unified Judicial System provides official fillable forms for self-represented filers.
Core Filing Forms:
- Complaint with Notice to Defend (Pa.R.C.P. 1920.72(a)) – Your initial divorce petition stating grounds and basic information
- Affidavit of Consent (Pa.R.C.P. 1920.72(b)) – Required for mutual consent divorces after the 90-day waiting period
- Notice of Intention to File Praecipe to Transmit Record (Pa.R.C.P. 1920.73) – Notice to your spouse before requesting the final decree
- Praecipe to Transmit Record (Pa.R.C.P. 1920.73(c)) – Your formal request for the court to enter the divorce decree
- Proof of Service – Documentation showing your spouse was properly served with the Complaint
All official forms are available for free download at the Pennsylvania Unified Judicial System Self-Help page.
Filing Fees and Where to File in Pennsylvania
Pennsylvania divorce cases are filed in the Court of Common Pleas, specifically with your chosen county's Prothonotary office (the court clerk).
Filing Fees (2025):
Filing fees vary by county. Recent examples include:
- Franklin County: $167.50 (effective January 2, 2025)
- Allegheny County: $190.75 (effective January 13, 2025)
- Praecipe to Transmit Record (Allegheny): $20
Check your county Prothonotary's website for current fee schedules, as fees change periodically.
Venue Options:
Under Pa.R.C.P. 1920.2, you can file in a county where either spouse resides or in a mutually agreed-upon county.
Step-by-Step: Filing for Divorce in Pennsylvania
Follow these steps to file for divorce in Pennsylvania using the mutual consent (no-fault) process—the fastest path when both spouses cooperate:
- Confirm residency: Verify that at least one spouse has lived in Pennsylvania for 6 months
- Choose your county: Select a proper venue under Pa.R.C.P. 1920.2
- Complete the Complaint: Fill out the Complaint form using the official template (Pa.R.C.P. 1920.72(a))
- File with the Prothonotary: Submit your Complaint to your chosen county's Prothonotary office
- Pay filing fee: Pay the county-specific filing fee (approximately $165-$210)
- Serve your spouse: Deliver copies to your spouse within 30 days (in-state service) or 90 days (out-of-state service) per Pa.R.C.P. 1930.4
- Wait 90 days: The mandatory waiting period begins after service is complete
- File Affidavits of Consent: Both spouses sign and file consent affidavits (within 30 days of signing)
- File Praecipe to Transmit: Submit your request for the court to enter the final decree
Frequently Asked Questions
Q: How long do you have to live in Pennsylvania to file for divorce?
A: At least one spouse must have lived in Pennsylvania continuously for six months immediately before filing. There's no additional county residency requirement.
Q: What is the 90-day waiting period in Pennsylvania?
A: For mutual consent divorces under § 3301(c)(1), couples must wait 90 days after the Complaint is served before signing Affidavits of Consent. This is Pennsylvania's statutory cooling-off period.
Pennsylvania's 90-day waiting period is a great time to get organized financially; a divorce preparation platform can guide you through budgeting and planning during the wait.
Q: Where do I file divorce paperwork in Pennsylvania?
A: File with the Prothonotary office at your county's Court of Common Pleas. For a complete breakdown of timelines, see our guide to understanding the divorce process.
Calculate Your Pennsylvania Divorce Costs
Use our free calculator below to estimate your total Pennsylvania divorce costs based on your situation. The calculator is pre-configured with Pennsylvania filing fees and typical legal expenses.
Divorce Cost Calculator
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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
*Note: This estimate is for planning purposes. Actual costs may vary based on case complexity and whether you reach settlement or go to trial.
Conclusion
Understanding Pennsylvania's divorce filing requirements is your first step toward a smoother divorce process. While the legal requirements may seem complex—from the six-month residency rule to the 90-day waiting period—this checklist ensures you start your case properly and avoid costly delays.
For a deeper dive into Pennsylvania divorce timelines and contested procedures, explore our comprehensive guides. Remember: knowledge is power during divorce, and understanding the Pennsylvania Rules of Civil Procedure protects your financial future.
In a protracted Pennsylvania divorce, Divorce AI provides tools and insights to help you stay prepared at every stage of the process.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Divorce laws vary by state and change frequently. For personalized guidance, consult a licensed family law attorney in your jurisdiction. DivorceAI provides educational resources and planning tools but is not a law firm and does not provide legal representation.


